PROBLEMICAASPECTS OF STANDARD OF CARE SETTING FOR PHYSICIAN‘S CIVIL LIABILITY

Eglė Štareikė

Abstract


Changing legal relationship of doctors and patients, growing number of civil proceedings for doctor’s damage for medical patients, million worth claims for pecuniary and non pecuniary damages, huge media attention for unqualified health care given to the patients require
extensive analysis of legal literature, legislation and case law in order to determine concept of medical malpractice as a concept of civil liability and to determine what standard for doctors liability is applied in Lithuania. Based on the analysis results, it is stated that Lithuanian case law established maximum standard of medical liability (unlike the UK, where courts apply average standard of medical liability) is only an objective criterion, which is not regulated by law. According to the legal regulation of the two countries, doctors must act carefully, not causing damage, follow the appropriate scientific knowledge and level of development, applied practice of medicine, ethics rules, principles of fairness
and reasonableness etc. For this reason, according to author's opinion, it is inappropriate to apply a maximum standard of medical liability and it is proposed to abolish it, seeking clarity and less confusion during civil litigations of medical liability.

Keywords


civil liability; medical malpractice; medical liability standard; duty of care

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